Political Broadcasting Amendment Directions 2003
POLITICAL BROADCASTING AMENDMENT DIRECTIONS 2003
1
BR 14/2003
BROADCASTING COMMISSIONERS ACT 1953
1953 : 8
THE POLITICAL BROADCASTING AMENDMENT DIRECTIONS
2003
The Broadcasting Commissioners in exercise of the powers
conferred upon them by section 8(3) of the Broadcasting Commissioners
Act 1953 gives the following Directions:
Citation
1 These Directions which amend the Political Broadcasting
Directions 1980 (hereinafter referred to as "the principal Directions") may
be cited as the Political Broadcasting Amendment Directions 2003.
Amends paragraph 2 of principal Directions
2 Paragraph 2 of the principal Directions is amended
(a) in the definition of "political broadcast", in paragraph (c),
by inserting next after the word "candidate" the words
"without equal time being given to promote contrary
interests or views"; and
(b) by inserting immediately before the definition of "political
party" the following
""political commentary" means a broadcast of a political
nature the subject of which is designed to promote
public discussion and debate of political issues and
includes political debates between political
candidates or individuals with opposing views, news
commentaries and talk shows;".
Amends paragraph 3 of principal Directions
3 Paragraph 3 of the principal Directions is amended by deleting
sub-paragraph (2) and the proviso to sub-paragraph (3).
Revokes and replaces paragraphs 4 and 5 of the principal Directions
4 The principal Directions are amended by revoking paragraphs 4
and 5 and substituting the following
POLITICAL BROADCASTING AMENDMENT DIRECTIONS 2003
2
"Certain broadcasts not political
4 (1) For the purposes of these Directions, a broadcast
by the Government is not of a political nature if the broadcast —
(a) is concerned with legislative or administrative
policies which have been approved, or at some
time in the future will become subject to
approval, by the legislature; or
(b) is concerned with any policy of the Government;
or
(c) subject to sub-paragraph (2), is of an
informative nature.
(2) For the purpose of sub-paragraph (1)(c)
(a) a broadcast
(i) subject to sub-paragraph (3), shall not,
without the express [written] permission of
the Commissioners, exceed 30 minutes in
duration;
(ii) shall not, without the express [written]
permission of the Commissioners be aired
more than twice per month on each station
of each undertaking;
(iii) shall not, except in the case of a reference
to the expressions "Government",
"Opposition" and "former Government",
contain any reference to any party, political
organisation, member of a party or
candidate, in his capacity as a member or
candidate;
(b) the cost of and incidental to the preparation and
airing of the broadcast must be paid for out of
the Consolidated Fund; and
(c) the undertaking airing the broadcast must
announce at the beginning and again at the end
of the broadcast that it is being made on behalf
of the Government.
(3) For the purposes of sub-paragraph (2)(a)(i), the
Commissioners may give permission for a broadcast which
exceeds 30 minutes, but does not exceed 60 minutes in
duration.
POLITICAL BROADCASTING AMENDMENT DIRECTIONS 2003
3
Opposition response
4A (1) Subject to sub-paragraph (2), where pursuant to
paragraph 4, a station airs a Government broadcast, that station
shall, within 14 days beginning with the day of the broadcast
make available to the Opposition, time to respond to that
broadcast ("Opposition response").
(2) For the purposes of sub-paragraph (1)
(a) an application, in writing, must be made [to the
Commissioners] by the Opposition within two
working days after the day of the Government
broadcast;
(b) the time allowed for the Opposition response
must not exceed 50% of the time allocated for
the Government broadcast;
(c) the Opposition response must be restricted to
the topics which were the subject of the
Government broadcast; and
(d) except for references to "Government",
"Opposition" and "former Government", the
Opposition response must not contain reference
to any party, political organization, member of a
party or candidate in his capacity as such
member or candidate.
(3) The undertaking airing the broadcast must
announce at the beginning and again at the end of the
broadcast, that the broadcast is being made on behalf of the
Opposition.
(4) Subject to sub-paragraph (5), the costs of the
Opposition response must be met out of the Consolidated Fund.
(5) The cost of the Opposition response shall not
exceed 50% of the cost of the Government broadcast.
Exemptions
4B These Directions do not apply to or limit the following
broadcasts by Government or Government Agencies
(a) broadcasts by the police for assistance;
(b) broadcasts relating to public health, agriculture and
matters of a specialized, or technical nature; and
(c) emergency broadcasts.
POLITICAL BROADCASTING AMENDMENT DIRECTIONS 2003
4
News broadcasts
4C (1) Undertakings shall ensure that the reporting of
news and public affairs is factual, is presented objectively and is
without political bias.
(2) Subject to the conditions specified in sub-
paragraph (3) nothing contained in sub-paragraph (1) abrogates
the right of an undertaking to broadcast as news the proceedings
of public meetings, news conferences and public statements
whether or not such meetings, conferences or statements are
political.
(3) The conditions referred to in sub-paragraph (2) are
as follows
(a) the report of the proceedings of the public
meetings, news conference or public statement,
as the case may be must be without charge;
(b) the initiative as to whether or not to broadcast
must remain with the undertaking; and
(c) the undertaking must retain editorial control.
(4) Nothing contained in sub-paragraph (1) shall be
construed as preventing an undertaking from broadcasting
political commentary, so however, that
(a) the commentary is identified as being political;
and
(b) an opportunity is given to the public, either
contemporaneously with the broadcast or in a
subsequent broadcast, to comment upon the
commentary.".
Amends paragraph 7 of the principal Directions
5 Paragraph 7 of the principal Directions is amended
(a) in sub-paragraph (1), by inserting immediately before
the word "broadcast" wherever it appears in that sub-
paragraph, the word "political";
(b) in sub-paragraph (1) A(b), by deleting the words "60
minutes" and substituting the words "two periods, each
such period not to exceed 60 minutes";
(c) in sub-paragraph (1) B(a), by deleting the figure "15" and
substituting the figure "30";
POLITICAL BROADCASTING AMENDMENT DIRECTIONS 2003
5
(d) in sub-paragraph (1) C(a), by deleting the figure "10" and
substituting the figure "15";
(e) in sub-paragraph (1) D(b), by deleting the figure "15" and
substituting the figure "30";
(f) in sub-paragraph (1) E(a), by deleting the figure "10" and
substituting the figure "15"; and
(g) in sub-paragraph (2), by deleting all the words beginning
with "Immediately" and ending with "no" and
substituting the word "No".
Revokes paragraph 9 of principal Directions
6 Paragraph 9 of the principal Directions is revoked.
Revokes and replaces paragraph 12 of principal Directions
7 Paragraph 12 of the principal Directions is revoked and replaced
by the following
"Employees of undertakings
7 (1) Subject to sub-paragraph (2) no employee of an
undertaking shall take part in a political broadcast unless he is
a member of the Legislature or a candidate and he takes part in
the broadcast in that capacity.".
(2) Nothing contained in sub-paragraph (1) shall be
construed as preventing an employee from announcing a
political broadcast to introduce it.
Amends paragraph 14 of principal Directions
8 Paragraph 14 of the principal Directions is amended by inserting
next after the words "political broadcast" the words "or a political
commentary".
Revokes and replaces paragraph 15 of principal Directions
9 Paragraph 15 of the principal Directions is revoked and replaced
by the following
"Guidance by Broadcasting Commissioners
14 In case of doubt, an undertaking shall consult the
Broadcasting Commissioners for the interpretation of these
Directions.".
POLITICAL BROADCASTING AMENDMENT DIRECTIONS 2003
6
Made this 7th day of March, 2003
Chairman
Broadcasting Commissioners
